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What steps do i take to restrict visitation to a non custodial parent ? Or Can we just prove her unfit ?

Puyallup, WA |

Non custodial parent refuses to show up for GAL appointments for 1 child. Parent refuses to file court ordered drug testing. non custodial parent also has a restraining order against them for 2 other children. The 3 child is getting emotionally harassed through social media and instructed to delete messages. Non custodial parent refuses to pay child support or get a job and a place to stay, all mail is delivered to a relative. Non custodial parent is also under investigation for DSHS fraud.

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Attorney answers 2


It sounds like a court-ordered noncustodial parent is being neglectful and violating the court order. You should file a motion to revise the existing parenting plan, or to adopt a parenting plan if one has not yet been ordered.

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Our courts can impose restrictions on a non-residential parents time with his children. The statute is RCW 26.09.191. I don't have the statute in front of me, but factors such as a long-term dependence on alcohol or drugs, a history of domestic violence, and assaults against a child mandate some restrictions. There is a complicated code of restrictions applicable when a parent is or lives with a sex offender. Factors such as abusive use of conflict can also justify restrictions. Generalized complaints such as the ones alleged here may be sufficient to justify restrictions but will require the GAL to assess the level of risk to the children and make appropriate recommendations to the court. Issues such as fraud, non-payment of support, and not cooperating with the GAL make the parent look flaky and irresponsible, but would not justify residential restraints in and of themselves. If the parent is not cooperating with drug testing it should be regarded as positive evidence of drug use which a court will utilize to justify supervision or some other restraints.

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